MUR Shipping BV v RTI Ltd: Force majeure and reasonable endeavours

4th November 2022

Rob Dawson, specialist construction and commercial barrister at 3PB Barristers (3 Paper Buildings) analyses the case of MUR Shipping BV v RTI Ltd. In the case, which was recently heard by the Court of Appeal, MUR Shipping invoked a force majeure clause against RTI Ltd for failing to comply with the contractual requirement to pay for freight in US Dollars, instead offering payment in Euros.

In his analysis, Rob examines the effect that MUR v RTI may have on the application and interpretation of force majeure clauses, and how this could impact future deviations from contractual obligations. Additionally, Rob reviews the differing opinions shown in the case regarding the degree to which a party can resist an offer of alternative performance (in this scenario payment in a different currency), and how this “non-contractual performance” could amount to a sacrifice of a party’s contractual rights.

Click to read Rob’s full case analysis

Rob DawsonRob DawsonCall: 2019 (pictured here) has a broad practice across commercial and construction, but with a particular emphasis on construction and engineering disputes and associated professional liability matters, as well as general commercial litigation disputes.

To contact or instruct Rob, please contact his clerk David Fielder or telephone 020 7583 8055.